II. Abusive Government Intervention.

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Application of this law to the public power.—General effect
of its intervention.

Let us follow out the effects of this law when it is the public power which, beyond its principal and peculiar task, undertakes a different task and puts itself in the place of corporate bodies to do their work; when the State, not content with protecting the community and individuals against external or internal oppression, takes upon itself additionally the government of churches, education, or charity, the direction of art, science, and of commercial, agricultural, municipal, or domestic affairs.—Undoubtedly, it can intervene in all corporate bodies other than itself; it has both the right and the duty to interfere; it is bound to do this through its very office as defender of persons and property, to repress in these bodies spoliation and oppression, to compel in them the observance of the primordial statute, charter, or contract, to maintain in the them rights of each member fixed by this statute, to decide according to this statute all conflicts which may arise between administrators and the administrated, between directors and stockholders, between pastors and parishioners, between deceased founders and their living successors. In doing this, it affords them its tribunals, its constables, and its gendarmes, and it affords these to them only with full consent after having looking into and accepted the statute. This, too, is one of the obligations of its office: its mandate hinders it from placing the public power at the service of despoiling and oppressive enterprises; it is interdicted from authorizing a contract for prostitution or slavery, and above all, for the best of reasons, a society for brigandage and insurrections, an armed league, or ready to arm itself, against the community, or a part of the community, or against itself.—But, between this legitimate intervention which enables it to maintain rights, and the abusive interference by which it usurps rights, the limit is visible and it oversteps this limit when, to its function of justiciary, it adds a second, that of governing or supporting another corporation. In this case two series of abuses unfold themselves; on the one side, the State acts contrary to its primary office, and, on the other, it discharges the duties of its superadded office badly.2202

                                                                                                                                                                                                                                                                                                           

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